Driving While Intoxicated

There’s no doubt 28-year-old part-time student James Ryan was driving drunk on the Long Island Expressway (LIE) in the pre-dawn hours of October 18, 2012. He was coming back from an evening of drinking in Manhattan, and his blood-alcohol test registered over 0.13%, well above New York’s 0.08% DUI threshold.

His Camry had been involved in two separate collisions: police say Ryan first clipped and disabled a BMW, then kept going before braking abruptly at an exit, causing a Honda Civic to rear-end his vehicle and injuring the other driver, Edward Wilson, an off-duty New York City detective. The second crash pushed the Camry into the concrete median and blocked the HOV lane.

Chain Reaction Kills Responding Officer

Responding to the accident, Nassau County police officer Joseph Olivieri, a 19-year police veteran, was killed after being struck by an Escalade SUV which had hit the wreckage of Ryan’s car. At the time of that collision, Ryan had exited his car and was leaning against a guardrail.

The next spring, a grand jury returned a 16-count indictment against Ryan; the charges included drunk driving, manslaughter and other crimes, including the recently created charge of aggravated vehicular homicide, a Class B felony carrying a 25-year maximum sentence. The new offense combines vehicular manslaughter with aggravating “plus” factors, such as causing multiple deaths, one death and one or more serious injuries, previous drunk driving, or a BAC level of 0.18% or up.

A judge dismissed that charge as not suited to the case, since he saw Olivieri’s death as solely due to the SUV driver, not Ryan. After several years of legal wrangling, all charges were reinstated by a New York appellate court. That court ruled the officer’s death was a reasonably foreseeable result of Ryan’s reckless conduct, since drunk driving could be expected to cause collisions, which could endanger first responders facing high-speed traffic.

According to the state appeals court, the charge could be brought even if Ryan’s reckless actions were not the only cause of Olivieri’s death and Ryan did not perform the final act leading to the policeman’s death. (The SUV driver was never charged, and was given immunity for testifying against Ryan.)

At trial, Ryan’s lawyers conceded their client had been driving drunk, but argued he was not responsible for either the second crash or Officer Olivieri’s death. Prosecutors contended Ryan had recklessly set in motion the chain of events which led to the police officer’s death, which was reasonably foreseeable.

A Rare Conviction for Criminally Negligent Homicide

The jury found Ryan guilty of 10 charges, including manslaughter and criminally negligent homicide, but did not find him guilty of aggravated vehicular homicide. Only one possible aggravating factor that might have applied – causing one death and one serious injury – but the jury did not agree that Wilson, the driver in the second crash, had sustained serious enough injuries to qualify. Ryan drew a sentence of five years for criminally negligent homicide (only the fourth such conviction in the state), and between four and 12 years for manslaughter.

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."